Last Updated: February 15, 2018
- Acceptance of Terms, including Revised Terms
BY CLICKING “I AGREE” AND/OR CONTINUING TO ACCESS OR USE THE WEBSITE LOCATED AT WWW.WALLETFI.COM OR OUR MOBILE APPLICATION (COLLECTIVELY, THE “SITE”) PROVIDED BY STARTSTOPMOVE, INC. DBA WALLETFI (“WALLETFI,” “WE” OR “US”) THAT LINK TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED IN THESE TERMS BY REFERENCE. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
If you do not agree to every provision of these Terms, you shall not access or use the Service, or order, receive, or use the services made available through the Site (collectively, together with the Site, our “Service”).
By accessing or using the Service, you represent and warrant that you have not been previously suspended or removed from the Service, or engaged in any activity that could result in suspension or removal from the Service.
WalletFi in its sole discretion may revise these Terms at any time for any reason. If a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of that change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide express consent to the changed Terms. If we require your express consent to the changed Terms, changes are effective only after your acceptance and, if you do not accept the changed Terms, we may terminate your access to and use of the Service. If we do not require your express consent to the changed Terms, those changes are effective upon publication of the changed Terms and, by continuing to access or use the Service after publication, you confirm your acceptance of the revised Terms and all the terms incorporated in the revised Terms by reference. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms. We strongly recommend that you periodically visit this page of the Service to review these Terms. If you do not agree to the then-current Terms for the Service, you shall not access or use the Service. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.
- Service Overview
WalletFi provides an application for monitoring and managing account balances on your payment cards. Please note that the Service is intended only as an aid to assist you in organizing and managing these balances. The Service is not intended provide any legal, tax or financial advice. The Service is intended only to assist you in understanding and managing your account balances and spending on your payment cards generally. You acknowledge that your personal financial circumstances are unique. , Before any information, advice, recommendations or other content you obtain through the Service is implemented or acted upon, we suggest that you obtain the advice of a financial advisor or other financial planning professional who is aware of your personal financial circumstances.
- Accounts and Registration
In order to access and use certain areas or features of the Service, you must register for a WalletFi account. Each registration is for a single user only.
By creating a WalletFi account, you agree to, and shall, (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Service on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Service or your account. You may make any changes to your registration information by sending them to email@example.com. If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service.
By creating a WalletFi account, you consent to receive electronic communications from WalletFi (e.g., via email or by posting notices to the Service). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
In order to make full use of the Service, you must link your account on the Service with accounts you maintain at third party financial institutions which have records of your financial transaction history (“Financial Account History”). We may access directly, or we may contract with third parties to access, your Financial Account History through the login and password information you provide to us for a given third party financial institution. In order to provide you with the Service, we store your Financial Account History in our databases. Please be aware that any stored Financial Account History may be subject to corruption of data, loss of personalized settings or other interruptions in availability. In addition, any Financial Account History is only as accurate as the information provided to us by our third party providers, which may not necessarily reflect your Financial Account History as provided to you by your financial institution. By using the Service, you authorize us to access your Financial Account History maintained by the relevant financial institution.
By providing us with information, data, passwords, usernames, PIN codes or other logon information, or other User Content (defined below in Section 8) through the Service, you are thereby granting us the right to use and store such information, including Financial Account History ((“Financial Information”)) for the purpose of providing the Service to you; or otherwise making use of such Financial Information as described in the Privacy Statement available at https://www.walletfi.com/home/privacy or as contemplated by these Terms.
- Alerts and Notices
From time to time we may issue alerts or notices (collectively, “Alerts”) to you, or you may choose to set up voluntary Alerts based on certain criteria, to the extent made available by the Service. Automatic Alerts may be sent to you in certain situations, e.g., changes in your registration information. Any voluntary Alerts may be created or deactivated by you pursuant to customizations and preferences chosen by you. We may add or delete categories of Alerts from time to time.
Alerts may be sent to your e-mail address, and, based upon your preferences, communicated by additional means, such as, pop-up notices on your mobile device. Since Alerts may include Financial Information or other sensitive data, please be aware of the methods you choose for receipt of Alerts.
Please be aware that any Alerts may be delayed or prevented from being delivered to you for a variety of reasons. Therefore, we cannot guarantee the timely arrival of any Alerts.
- License to Access and Use the Service and Content Available Through the Service
Unless otherwise indicated in writing by us, the Service and all content and other materials contained in the Service, including, without limitation, the Marks (defined in Section 6) and all designs, text, graphics, pictures, information, data, software, User Content (as defined in Section 8), other files and the selection and arrangement thereof (collectively, “Content”) are the property of WalletFi or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.
Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicenseable license to access and make personal, non-commercial use of the Service and Content. All rights not expressly granted to you by these Terms are reserved to WalletFi. You do not acquire any ownership interest in the Service or Content under these Terms, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.
However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Service or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Service or Content, except as expressly permitted by us, (f) use the Service to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Service or servers or networks used in connection with the Service; or (h) use the Service or Content other than for their intended purposes.
Any use of the Service or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of WalletFi or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
You will not remove, alter or conceal any copyright, trademark, Service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.
The WalletFi logo, and any other WalletFi product or Service names, trademarks, logos, or other indicia (collectively, “Mark”) that may appear on the Service, are the property of WalletFi or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in the Service shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of WalletFi or such third party that may own such Mark. Your misuse of any such Mark is strictly prohibited.
- Legal Requirements; Privacy Statement
Where WalletFi has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, WalletFi may disclose IP addresses, personal information, and any contents of the Service where it is legally compelled to do so. Please see the WalletFi’s Privacy Statement located at https://www.walletfi.com/home/privacy for additional information relating to the privacy and security of information collected hereunder.
- User Content
You are solely responsible and liable for all data, information and other materials (“User Content”) that you Transmit in connection with the Service where “Transmit” means to submit, upload, post, e-mail or otherwise transmit. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Service. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WALLETFI SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.
You agree that you will not, and will not permit anyone else to, directly or indirectly:
• Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable;
• Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;
• Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Service.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Service at any time and for any reason and we have no obligation to provide to you or to replace any User Content. If you desire to ensure User Content remains available to you, then you are solely responsible for creating backup copies of any User Content you post or store on the Service at your sole cost and expense.
- Rights in User Content
We do not claim any ownership interest in your User Content other than for Feedback as described in Section 10 below. However, by uploading, posting or submitting User Content to the Service or to our pages or feeds on third party social media platforms (e.g., WalletFi’s Facebook page, Instagram page or Twitter feed), you hereby grant WalletFi a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, share with third parties, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes, however, WalletFi will only share personal information, including Financial Information, that you provide in accordance with our Privacy Statement at https://www.walletfi.com/home/privacy.
You hereby grant WalletFi the right to disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of WalletFi, its customers or the public.
You may submit questions, comments, suggestions, ideas, original or creative materials or other information about WalletFi or the Service (collectively, “Feedback”). Feedback is nonconfidential and will become the sole property of WalletFi. You agree to assign, and hereby expressly and automatically assign exclusively and in perpetuity to WalletFi, all rights, title and interest that you may have in and to such Feedback, and acknowledge that WalletFi shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Linked Services and Third Party Applications
We have not reviewed all of the websites linked to the Service, or third party applications (such as, but not limited to, Apple’s iCloud Keychain) accessible through the Service, and are not responsible for the content of any third-party websites or applications available through the Service. Nothing in the Service, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by WalletFi. Your choice to link to any other websites is at your own risk, and you should review and comply with all terms and conditions relating to such websites. WalletFi reserves the right not to link, or to remove the link, to any website at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by WalletFi. We have no control over these linked websites and make no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion and risk.
To the fullest extent permitted by applicable law, you agree to defend, hold harmless and indemnify WalletFi’s subsidiaries and affiliates, business partners, contractors, clients and Service providers, and their respective officers, employees, agents and representatives (collectively, the “WalletFi Parties”) and WalletFi from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Service, User Content that you Transmit to or through the Service, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Service. You further agree that WalletFi shall have control of the defense or settlement of any third party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and WalletFi.
- Privacy Statement; Additional Terms
Please read the WalletFi Privacy Statement, available at https://www.walletfi.com/home/privacy carefully for information relating to our collection, use, storage and disclosure of your personal information. The WalletFi Privacy Statement is hereby incorporated by reference into, and made a part of, these Terms.
Your use of the Service is subject to- all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms”), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
- Disclaimers; No Warranties
THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WALLETFI NOR THE WALLETFI PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SITE CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE SERVICE. IN ADDITION, WALLETFI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
WALLETFI AND THE WALLETFI PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, THE SERVICE OR THE SERVER THAT MAKES THE SITE AND THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE WALLETFI AND THE WALLETFI PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE OR THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. WALLETFI AND THE WALLETFI PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WALLETFI SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE SITE AND THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE AND THE SERVICE
WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
WE DO NOT ENDORSE, WARRANT OR GUARANTEE THE SERVICE OR ANY OFFERS WHICH MAY BE MADE AVAILABLE TO YOU THROUGH THE SERVICE, AND WE ARE NOT AN AGENT OR BROKER OF SUCH OFFER PROVIDERS. WE DO NOT GUARANTEE THAT ANY LOAN, INVESTMENT, PLAN OR OTHER TERMS OFFERED BY ANY THIRD PARTY ARE ACTUALLY THE TERMS THAT MAY BE OFFERED TO YOU OR ARE THE BEST TERMS AVAILABLE.
ALL FINANCIAL INFORMATION WE RECEIVE FROM THIRD PARTIES OR YOU IS NOT VERIFIED FOR ACCURACY BY US.
- Limitation of Liability; Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WALLETFI OR THE WALLETFI PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SERVICE OR CONTENT (INCLUDING, BUT NOT LIMITED TO, CONTENT PROVIDED BY OTHER USERS, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF THE SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM WALLETFI OR ANY WALLETFI PARTY, OR FROM EVENTS BEYOND THE WALLETFI’S AND THE WALLETFI PARTIES’ REASONABLE CONTROL, SUCH AS SERVICE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WALLETFI’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF WALLETFI AND THE WALLETFI PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $100. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE WALLETFI’ AND THE WALLETFI PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WALLETFI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
YOU AND WALLETFI AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES. Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and WalletFi agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. WalletFi further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and WalletFi are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the Service. REGARDLESS OF THE FORUM, YOU AND WalletFi AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and WalletFi agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
- Modifications to the Service
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Service (or any features or parts thereof) or the provision of any products or service at any time.
- Special Admonitions for International Use
This Service is hosted in the United States and are intended for use by residents of the United States of America only. If you are not a resident of the United States, you shall not access nor use the Service. All matters relating to the Service are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
- Governing Law and Jurisdiction
WalletFi operates the Service from North Carolina, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of North Carolina, U.S.A., including its statutes of limitation but without reference to conflict or choice of law provisions that would result in the application of the laws of any other jurisdiction. Except as set forth in Section 16, the exclusive forum for the resolution of any dispute relating to these Terms shall be in the state courts sitting in Wake County, North Carolina, U.S.A., or, if it has jurisdiction, the United States District Court for the Eastern District of North Carolina, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and agree to Service of process on you by e-mail to the address you have submitted on the Service, if any, and by any other means permitted by law.
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to WalletFi at the following contact: StartStopMove, Inc. Attn: Legal PO Box 30171 Raleigh, NC 27622. Any notices to you may be made via either e-mail or postal mail to the address in WalletFi’s records or via posting on the Service. Please report any violations of these Terms to WalletFi at the contact listed above.
If any term, clause or provision of these Terms is held invalid or unenforceable in any jurisdiction, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision in such jurisdiction, or any other term, clause or provision of these Terms, nor will it affect the validity or enforceability of that term, clause or provision in any other jurisdiction.
These Terms constitute the entire agreement between you and WalletFi relating to your access to and use of the Service and your order, receipt and use of the Service. The rights and licenses granted under these Terms, must not be transferred or assigned in whole or in part by you without the prior written consent of WalletFi, and any assignment or attempted assignment by you in violation of the terms of this Section 23 shall be null and void and of no legal effect. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and WalletFi’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.